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Independent Contractors Bill 2006

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5062 -

REVISED

2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Independent Contractors Bill 2006

 

 

 

(1)     Clause 3, page 3 (lines 1 and 2), omit paragraph (2)(a), substitute:

                     (a)  the definition of employee in the Workplace Relations Act 1996 ; and

[reference to definition of employee]

(2)     Clause 5, page 4 (line 8), at the end of subclause (1), add:

             ; but (d)  is not a contract for the supply of labour as an employee within the meaning of subsections 5(1A) to (1F) of the Workplace Relations Act 1996 .

[reference to definition of employee]

R (3)     Clause 7, page 7 (lines 10 to 26), omit paragraphs (2)(b) and (c), substitute:

                     (b)  a law of a state or Territory, to the extent that the law:

                              (i)  applies to a services contract that relates to the performance of road transport work by the independent contractor, other than a services contract to which an independent contractor that is a body corporate is a party, unless the road transport work to which the contract relates is wholly or mainly performed by a director of the body corporate or a member of the family of a director of the body corporate; and

                             (ii)  makes provision in relation to such a contract, including but not limited to provision about any one or more of the matters specified in paragraphs (1)(a), (b) and (c); or

                     (c)  without limiting paragraph (b), any of the following laws:

                              (i)  Chapter 6 of the Industrial Relations Act 1996 of New South Wales (and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of Chapter 6);

                             (ii)  the Owner Drivers and Forestry Contractors Act 2005 of Victoria;

                            (iii)  any instrument made under a provision of a law referred to in subparagraph (i) or (ii); or

                     (d)  a law of a State or Territory that is specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified.

[owner drivers]

(4)     Clause 10, page 9 (lines 29 to 33), omit subclause (2), substitute:

             (2)  To avoid doubt, subsection (1) has effect even if a law specified in regulations made under that subsection deals with matters that, because of subsection 8(2), are not workplace relations matters.

[regulations specify laws that are intended]

(5)     Clause 10, page 9 (after line 33), at the end of the clause, add:

             (3)  Subsection (1) does not have effect in relation to a law referred to in paragraph 7(2)(a), (b) or (c).

[regulations specify laws that are intended]

(6)     Clause 12, page 10 (lines 20 to 23), omit subclause (1), substitute:

             (1)  An application may be made to the Court to review a services contract on any of the following grounds:

                     (a)  the contract is unfair, or became unfair because of any conduct of the parties or for any other reasons;

                     (b)  the contract is harsh, or became harsh because of any conduct of the parties or for any other reasons.

[court review services contract]

(7)     Clause 12, page 10 (after line 28), at the end of the clause, add:

(3)        An application under subsection (1) may be made even though the services contract has terminated.

[court review service contract after termination]

(8)     Clause 16, page 13 (after line 2), after subclause (1), insert:

          (1A)  If an order under subsection (1) is made by the Court, the Court may also make an order in relation to the payment of money in connection with the services contract as the Court considers just in the circumstances of the case.

[court may make order payment of money unfair contract]

(9)     Clause 17, page 13 (line 25), at the end of subclause (1), add “or unreasonably failed to agree to a settlement of the claim”.

[costs unfair contract]